Law & Acts
The POCSO Act was enacted to protect children from sexual offences.
The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for the establishment of Special Courts for the trial of such offences and related matters and incidents.
The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.
The Protection of Children from Sexual Offences (POCSO) Act 2012 is a comprehensive legal framework in India designed to safeguard children under the age of 18 from sexual abuse and exploitation. It criminalizes various forms of sexual offenses, including sexual assault, harassment, and pornography. The Act ensures that perpetrators are held accountable and establishes child-friendly procedures for investigation and prosecution.
A person is said to commit sexual harassment upon a child when such
person with sexual intent.
1. Utters any word or makes any sound, or makes any gesture or exhibits any object or part of
body with the intention that such word or sound shall be heard, or such gesture or object or part of
body shall be seen by the child; or
2. Makes a child exhibit his body or any part of his body so as it is seen by such person or any
other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through
electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film
or digital or any other mode, of any part of the body of the child or the involvement of the child in a
sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
1. The medical examination of a child in respect of whom
any offence has been committed under this Act, shall, notwithstanding that a First Information Report or
complaint has not been registered for the offences under this Act, be conducted in accordance with
section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).
2. In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
3. The medical examination shall be conducted in the presence of the parent of the child or any other
person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be
present, for any reason, during the medical examination of the child, the medical examination shall be
conducted in the presence of a woman nominated by the head of the medical institution.
1. The statement of the child shall be recorded at the
residence of the child or at a place where he usually resides or at the place of his choice and as far as
practicable by a woman police officer not below the rank of sub-inspector.
2. The police officer while recording the statement of the child shall not be in uniform.
3. The police officer making the investigation, shall, while examining the child, ensure that at no
point of time the child come in the contact in any way with the accused.
4. No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the public media,
unless otherwise directed by the Special Court in the interest of the child.
1. If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974)(herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child: Provided that the provisions contained in the first proviso to sub-section (1) of section 164 of the Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case.
2. The Magistrate shall provide to the child and his parents or his representative, a copy of the
document specified under section 207 of the Code, upon the final report being filed by the police under
section 173 of that Code.
The POCSO Act was enacted to protect children from sexual offences.
The Act has been enacted to protect children from offences of sexual assault, sexual harassment and pornography and provide for the establishment of Special Courts for the trial of such offences and related matters and incidents.
The Act was amended in 2019, to make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.
The Protection of Children from Sexual Offences (POCSO) Act 2012 is a comprehensive legal framework in India designed to safeguard children under the age of 18 from sexual abuse and exploitation. It criminalizes various forms of sexual offenses, including sexual assault, harassment, and pornography. The Act ensures that perpetrators are held accountable and establishes child-friendly procedures for investigation and prosecution.
A person is said to commit sexual harassment upon a child when such
person with sexual intent.
1. Utters any word or makes any sound, or makes any gesture or exhibits any object or part of
body with the intention that such word or sound shall be heard, or such gesture or object or part of
body shall be seen by the child; or
2. Makes a child exhibit his body or any part of his body so as it is seen by such person or any
other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through
electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film
or digital or any other mode, of any part of the body of the child or the involvement of the child in a
sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
1. The medical examination of a child in respect of whom
any offence has been committed under this Act, shall, notwithstanding that a First Information Report or
complaint has not been registered for the offences under this Act, be conducted in accordance with
section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).
2. In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
3. The medical examination shall be conducted in the presence of the parent of the child or any other
person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be
present, for any reason, during the medical examination of the child, the medical examination shall be
conducted in the presence of a woman nominated by the head of the medical institution.
1. The statement of the child shall be recorded at the
residence of the child or at a place where he usually resides or at the place of his choice and as far as
practicable by a woman police officer not below the rank of sub-inspector.
2. The police officer while recording the statement of the child shall not be in uniform.
3. The police officer making the investigation, shall, while examining the child, ensure that at no
point of time the child come in the contact in any way with the accused.
4. No child shall be detained in the police station in the night for any reason.
(5) The police officer shall ensure that the identity of the child is protected from the public media,
unless otherwise directed by the Special Court in the interest of the child.
1. If the statement of the child is being recorded under section 164 of the Code of Criminal Procedure, 1973 (2 of 1974)(herein referred to as the Code), the Magistrate recording such statement shall, notwithstanding anything contained therein, record the statement as spoken by the child: Provided that the provisions contained in the first proviso to sub-section (1) of section 164 of the Code shall, so far it permits the presence of the advocate of the accused shall not apply in this case.
2. The Magistrate shall provide to the child and his parents or his representative, a copy of the
document specified under section 207 of the Code, upon the final report being filed by the police under
section 173 of that Code.